This document was last updated July 10, 2010
1. Acceptance of the agreement…Your access to and use of this website is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2. Claim Assistant reserves the right to…
| a. |
Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Claim Assistant shall not be liable to you for any such change or removal. |
| b. |
Change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that Claim Assistant shall not be liable for any such change or removal. |
| c. |
Change or discontinue any promotional discount vouchers or coupon codes at anytime with notice and you confirm that Claim Assistant shall not be liable for any such change or removal. |
| d. |
Change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. |
3. Links to third-party web sites… The Website may include links to third party website's that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
4. Copyright…The Intellectual Property Rights in this website and the materials on or accessible via it belong to Claim Assistant or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website). Claim Assistant and the Claim Assistant Logo are trade marks which belong to Claim Assistant and they may not be used, copied or reproduced in any way without written consent from Claim Assistant. For these purposes "Intellectual Property Rights" includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
5. Limitation of Liability… The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, Claim Assistant will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. Claim Assistant makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6. Indemnity... You agree to indemnify and hold Claim Assistant and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Claim Assistant arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
7. Accuracy… Claim Assistant is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.
8. Term of use…Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to Claim Assistant, is expressly prohibited. You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. Claim Assistant reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Claim Assistant may be entitled at law or in equity.
9. Access…Claim Assistant reserves the right to refuse or cancel any person's registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever.
10. Content Ownership…Except for data entered which is specific to confidential negotiations, Claim Assistant is the title holder and sole owner of all data which exists on, or is entered into, the site. Any data specific to confidential negotiations is solely owned by the individual with authority to view and enter such data.
11. Content Responsibility…You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. If you do submit material, and unless we indicate otherwise, you grant Claim Assistant and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Claim Assistant is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Claim Assistant. You grant Claim Assistant and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this site will be handled in accordance with the site's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Claim Assistant for all claims resulting from content you supply.
12. Usage Warranty…Claim Assistant neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with Claim Assistant.
13. Privacy…We believe that your personal information—including your credit card data—belongs to you. We collect this type of information to serve you better when you provide it to us, but we do not rent or sell your information to third parties. Your financial data is encrypted in our database and transferred via commercially accepted secure methods including SSL. You are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
14. Jurisdiction… The laws of the State of Florida govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the County of Hillsborough for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Florida and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
15. Severability… In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
16. Entire Agreement… These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
17. Headings…Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
18. Claim Assistant reserves the right to add, delete, or modify any provision in this Agreement at any time without notice.